AgdaPkt 2003-09-22 - Laserfiche WebLink

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�28i REPORT To the Honorable Mayor and City Council From the City Manager September 22, 2003 Subject Resolution to Summarily Vacate a Portion of a Pathway - Woodside Terrace No. 4 Subdivision - Engineering File No. 702 -06 Recommendation Adopt a Resolution to summarily vacate a portion of the six -foot wide pathway shown on the attached Map of the Woodside Terrace No. 4 Subdivision, pursuant to Section 8333 of the Streets and Highways Code. Background The adjacent property owner, Ms. Carol Bauman (2303 Goodwin Avenue) has requested that the City terminate rights and usage of the pathway that was dedicated on the Subdivision Map of Woodside Terrace No. 4 Subdivision, recorded in Book 36 of Maps at page 32. These Pathways are "mid- block," and were created with the subdivision in the 1950s to provide more direct access to schools and shopping areas. Over the years, most or all of the pathways have been closed -off with fences, and some have been formally abandoned. They were considered a safety hazard, because they were not lit at night and provided direct access to the back yards of many homes. The process for vacation is described in the Streets and Highways Code. Section 8333 of the Code provides for a summary vacation of such publicly dedicated land which has not been used for its intended purpose for over five years; therefore, it is appropriate that the City vacate its interest for the public use of this property. A five foot strip of land will be reserved for a public utilities easement in order to provide continuity with adjoining parcels. The Planning Commission made a finding on August 5, 2003, that the vacation is in conformance with the General Plan, and that an easement is no longer needed. Alternative Do not adopt the Resolution to vacate the pathway, which is contrary to policy, and non- productive.